Family sues BP over man's death in terrorist attack

Company has no comment in suit over terror attack

This undated photo provided by the family shows Frederick Buttaccio, who died in a terrorist attack at a natural gas complex in Algeria. The four-day standoff ended Saturday, Jan. 19, 2013 after Algerian troops stormed the complex. The clash left at least 23 hostages dead and killed all 32 militants involved. (AP Photo)

This undated photo provided by the family shows Frederick...

The family of a Houston man killed in a terror attack on a BP plant in Algeria early last year claims the oil company lied about how he died and contributed to his death by failing to provide adequate security despite known risks.

According to the civil suit filed March 31, Frederick Martin Buttaccio, 58, did not die of a heart attack as reported by BP, but from a ring of explosives placed around his neck by terrorists affiliated with al-Qaida.

"Fred Buttaccio was a wonderful husband, brother, father and son," read a statement from his two adult children and wife of 35 years, Rene, who still lives in Cinco Ranch. "He trusted BP to protect him. BP did not."

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The family seeks more than $1 million in damages from BP and hopes to force the company to follow more rigorous safety standards for employees in dangerous parts of the world, such as those working Jan. 16, 2013, when terrorists raided the In Amenas plant near Algeria's border with Libya.

During the three-day siege, 39 hostages from nine countries were killed, including three Americans. Two of the dead were from the Houston area: Victor Lovelady and Buttaccio.

The gas processing plant was jointly run by BP, Norway's Statoil and Algeria's state-owned oil company.

The suit is likely to face a strong legal challenge from BP, said Randy Sorrels, a former president of the Houston Bar Association and civil litigator familiar with the legal responsibilities of employers.

"Generally, oil companies try to do the very best they can to insulate themselves from liability," Sorrels said. "It's going to be a long road for the Buttaccios."

On Friday, BP spokesman Jason Ryan declined to comment on the lawsuit.

Lack of protection

The family's lawyer, Fred Hagans, said BP's negligent decisions began long before Buttaccio's death, which he says could have been prevented.

For decades, Buttaccio had worked overseas for the energy industry, first joining BP during a merger in 2000, according to the filing. The company later cut his management position but directed him to a hiring firm through which he could regain work as a contractor. Wishing to save money for a comfortable retirement with his wife, Hagans said Buttaccio decided to take the offer for a six-figure salary, working 30 days on and 30 days off training Algerians to work at the plant.

The suit alleges, in part, that the on-site housing provided for Buttaccio did not have bulletproof glass, a panic room or other protections.

People at the plant that day hid "wherever they could since BP had never provided any sort of plan," according to the lawsuit. "As a result, workers like Mr. Buttaccio were literally at the mercy of merciless terrorists."

Hagans argues BP knew the risk of a terrorist attack on the plant had grown leading up to the siege but did nothing. For example, he said, a weapons cache had been discovered near the town a year earlier.

Three days before the attack, Buttaccio requested wireless access so he could use his cellphone but was denied because he was not an employed manager, according to the filing.

When the plant came under siege, Hagans said, Buttaccio did not have any way to know what his escape routes were, to coordinate an escape as other employees did or if it was safe to move from his position. He came out into the open and was abducted by terrorists. He was allowed to call his wife a last time, according to the lawsuit, and died the next day.

Hagans said BP told the family that Buttaccio died of a heart attack, when he had not, causing harm expounded by the company's decision to never publicly correct the error. The lawyer asserts that an autopsy report lists his cause of death as wounds from an explosion. He said the family saw evidence of that before burying his remains in Houston.

Battle over venue

Although such details would be important if the case reaches a jury trial, Sorrels said the first battle will be to keep it in an American courtroom.

"BP will allege the law of Algeria applies," he said. "This case is interesting because you have a Houstonian going against BP, which is a Texas-based company. To have both parties in the same state gives the family a greater chance to keep the case in Texas."

Two other key arguments the company likely will advance is that its responsibility for Buttaccio's safety was lessened because he was a contractor rather an employee and that the events could not have been reasonably foreseen, Sorrels said.

Hagans said the family's pain still is raw and tears often interrupted his work with family members to prepare the filing.

In their statement, the family said it was not an easy decision.

"It was with great reluctance, but with firm resolve after a year of investigation, that we filed this lawsuit against BP," they wrote. "We hope that by doing so, we can help other families avoid the needless and brutal death of a loved one."